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HomeMy WebLinkAbout09/08/2008 Council Minutes (3)APPROVED 1 CITY OF LINO LAKES (2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : September 8, 2008 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:25 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBERS PRESENT: City Administrator, Gordon Heitke; Director of 13 Administration, Dan Tesch; Finance Officer, Al Rolek; Director of Public Safety, Dave Pecchia; 14 City Attorney, Scott Baumgartner; City Clerk, Julie Bartell 15 PUBLIC COMMENT 16 There was no one present for public comment. 17 SETTING THE AGENDA 18 A revised agenda had been distributed the previous Friday. The revised agenda, as presented, 19 was approved. .20 CONSENT AGENDA 21 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 22 seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTION 25 26 1A. Consideration of Expenditures: 27 September 8, 2008 (Check No. 83760 through 83857, $544,885.29 Approved 28 Centennial Fire District (Check No. 3388 through 3401, $3,634.59 Approved 29 30 1B. Approval of August 25, 2008 Council Work Session Minutes Approved 31 32 1C. Approval of August 25, 2008 City Council Meeting Minutes Approved 33 34 1D. Approval of application of Aquinas Roman Catholic Home 35 Education Services to conduct an excluded bingo event on 36 October 11, 2008 at St. Joseph's Church Approved 37 FINANCE DEPARTMENT REPORT, AL ROLEK 38 .39 2A. Resolution No. 08-91 Adopting Proposed 2009 General Operating Budget - Finance 40 Director Rolek noted that state statute requires adoption of the city's proposed budget before -1- COUNCIL MINUTES September 8, 2008 APPROVED 1 September 15 of each year. Resolution No. 08-91 represents the budget that the council 42 discussed and formed during this year's budget review period. The proposed budget represents a 43 1.58% increase from the 2008 adopted budget but will result in a lower tax rate to the taxpayers 44 while maintaining proper services levels. 45 46 Council Member O'Donnell moved to approve Resolution No. 08-91, as presented. Council 47 Member Gallup seconded the motion. Motion carried on a voice vote; Council Member Reinert 48 recorded as voting no. 49 50 2B. Resolution No. 08-92 Adopting Preliminary 2008/09 Property Tax Levy — Finance 51 Director Rolek noted that state statute also requires adoption of a preliminary tax levy prior to 52 September 15. Resolution No. 08-92 proposes a levy increase of 4.24% over 2007/2008, within 53 the state imposed property tax levy limits. The proposed levy, the maximum for the city, would 54 result in a tax rate slightly down from 2008. The levy includes funding for the general operating 55 budget as well as general bonded debt and tax abatements. 56 57 Council Member Reinert moved to approve Resolution No. 08-92, as presented. Council 58 Member Stoltz seconded the motion. Motion carried on a voice vote. 59 60 2C. Resolution No. 08-93 Setting Truth -in -Taxation Hearing Date — Finance Director 61 Rolek outlined the dates proposed for the city's required Truth -In -Taxation hearings. 62 063 Council Member Gallup moved to approve Resolution No. 08-93, as presented. Council 64 Member O'Donnell seconded the motion. Motion carried on a voice vote. 65 66 2D. Resolution No. 08-94 Canceling the 2008-09 Debt Service Tax Levy for G.O. Tax 67 Increment Financing Bond Series 2007A — Finance Director Rolek explained that the city has 68 an option each year on whether or not to levy taxes for G.O. Tax Increment Financing Bonds 69 2007A. He finds that adequate resources are available for debt service on these bonds and is 70 therefore recommending that such a tax levy be canceled. 71 72 Council Member Stoltz moved to approve Resolution No. 08-94, as presented. Council Member 73 Gallup seconded the motion. Motion carried on a voice vote. 74 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 75 Item 3A had been previously removed from the agenda. 76 77 3B. Resolution No. 08-98 receiving proposed charter amendment and calling a special 78 election theron (citizen petition) — City Clerk Bartell reported that on August 12, 2008, a 79 petition was submitted to the City and the Lino Lakes Charter Commission by the Lino Lakes 80 Citizens for Safer Roads. The petition requests amendment of the City Charter regarding 81 procedures for special assessments for public improvement projects. The form of the petition 82 was found to meet the statutory requirements related to charter amendments and petitions. On • 83 August 20, the petition was found to be insufficient in registered voter signatures and the 84 petitioners were so informed. On August 28, as allowed by state statute, a supplemental petition -2- COUNCIL MINUTES September 8, 2008 APPROVED IRS was submitted. With the supplemental signatures, the petition was then found to be sufficient 6 and therefore was certified. State statute designates that the governing body (the city council in 87 this case) shall fix the form of the ballot for all amendments. The City's attorney, Steven Bubul, 88 has prepared a resolution relative to ballot language for the citizen proposed charter amendment. 89 It contains options for council consideration. 90 91 Laura Carlson, 585 Ash Street, former Visioning Group and Citizen's Task Force member read a 92 statement relative to her education on and experience with the city charter and the public 93 improvement process in Lino Lakes. She supports the council's decision and the citizen petition 94 request to place on this fall's ballot the adoption of State Statute 429. 95 96 The mayor noted that the council is required to put the petitioned question on the ballot this fall. 97 It is the council's job to decide upon the ballot language. 98 99 Mr. Bubul reviewed the three wording options discussed by the council earlier. The options are 100 to simply state the exact text of the amendment that is included in the petition, to describe the 101 text of the amendment somewhat, or to describe the text of the amendment and highlight that two 102 features of the existing charter would change. The council discussed amendment of the third 103 option to include mention of the referendum but to strike the veto language. 104 105 Council Member O'Donnell moved to approve Resolution No. 08-98, as amended toinclude 106 ballot language that reads as follows: li7 08 Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of 109 special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current 110 City Charter procedures that include a city-wide referendum for most improvements? 111 112 Council Member Stoltz seconded the motion. 113 114 There was a discussion of the history of how the city charter was put in place, how the current 115 charter impacts the city's ability to reconstruct roads, and how more than one charter amendment 116 came forward. Putting more than one amendment on the ballot had been discussed and 117 dismissed by the council. It was suggested by a council member that if the proposed charter 118 amendment (petitioned) is approved, the council should consider some type of opt -out process 119 for residents who strongly do not want their road reconstructed (as was included in the charter 120 amendment proposed by the citizens task force). 121 122 There was an allegation by a council member that unethical meetings and behavior had taken 123 place regarding the matter of the charter amendment petition. 124 125 The allegation was questioned. It was then further explained that the specific allegation is that 126 an illegal meeting took place about six weeks previous to discuss this topic. It was also alleged 127 that the petition came forward with a lot of involvement by the mayor. 128 �29 The mayor responded that he was not involved as alleged and further there was no illegal 130 meeting that occurred. -3- COUNCIL MINUTES September 8, 2008 APPROVED 411 2 The allegation was then challenged by a council member as a serious and unfounded accusation. 133 It was suggested that the allegation of an illegal meeting should be probed, and if it is found to be 134 false, a public apology called for. 135 136 The council continued their discussion of the proposed ballot language. The council announced 137 that they are working with a consultant on a communication plan to get information on the 138 amendment question to the citizens. There will be a special work session on Thursday, 139 September 18 (subsequently changed to Monday, September 22) to discuss that communication 140 plan; the council welcomes public input. The question will be put to the voters -and it will be 141 their decision. 142 143 An independent investigation of the allegation of an illegal meeting was called for. Two council 144 additional members concurred. 145 146 Attorney Bubul suggested a wording change to the ballot language on the floor as follows: 147 148 Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of 149 public improvements with special assessments using the procedures of Minnesota Statutes, 150 Chapter 429 instead of current City Charter procedures that include a city-wide referendum for 151 most improvements? 152 053 The maker and second of the motion concurred with Mr. Bubul's recommendation. 54 155 Motion carried on a voice vote. 156 157 Item 3C had been previously removed from the agenda. 158 159 3D.i. Ordinance No. 12-08 regarding Background Checks, for 2" Reading and 160 passage - City Clerk Bartell reported that the city does background checks on individuals for 161 employment and licensing purposes. The state Bureau of Criminal Apprehension (BCA) is 162 requiring that cities adopt new code language if they would like their police departments to have 163 access to BCA data.. Ordinance No. 12-08 adopts this new language. First reading was 164 approved on August 25 and staff is now recommending approval of second reading, along with 165 authorization for summary publication. 166 167 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 168 Member Reinert seconded the motion. Motion carried on a voice vote. 169 170 Council Member Stoltz moved to approve the 2nd reading and adoption of Ordinance No. 12-08 171 as presented. Council Member Gallup seconded the motion. A roll call vote was taken. Motion 172 carried as follows: Yeas, 5; Nays none. 173 174 ii. Resolution No. 08-100, authorizing summary publication of Ordinance No. 12-08. � 75 176 Council Member Reinert moved to approve Resolution No. 08-100, as presented. Council -4- COUNCIL MINUTES September 8, 2008 APPROVED 407 Member O'Donnell seconded the motion. Motion carried on a voice vote. 8 179 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 180 4A. Resolution No. 08-97 accepting donations from Consider Resolution No. 08-97 181 accepting donations from the ERA Muske Co. Community Support Foundation, 182 Patriot Bank, Robert Mueller Insurance Agency, Hop -Kar Inc./Carbone's 183 Ristorante & Bar, American Legion Post 566, and the Double Ewe Yarn Shop to the 184 Lino Lakes Police Explorers 185 186 Police Chief Pecchia reported that Resolution No. 08-97 recommends acceptance of donations 187 for the Lino Lakes Police Explorers program. He recommends acceptance with thanks to the 188 donors. 189 190 Council Member Gallup moved to approve Resolution No. 08-97, as presented. Council 191 Member O'Donnell seconded the motion. Motion carried on a voice vote. 192 193 4B. Resolution No. 08-99, Centennial School District Contract for Youth Service Officer 194 Police Chief Pecchia reported that Resolution No. 08-99 represents renewal of a contract for 195 youth services, updated to reflect current personnel costs. 196 97 Council Member Gallup moved to approve Resolution No. 08-99. Council Member O'Donnell 8 seconded the motion. Motion carried on a voice vote. 199 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 200 There was no report from the Public Services Department 201 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 202 There was no report from the Community Development Department. 203 UNFINISHED BUSINESS 204 There was no unfinished business. 205 NEW BUSINESS 206 There was no new business. 207 ADJOURNMENT 208 Council Member O'Donnell moved to adjourn at 7:25 p.m. Council Member Stoltz seconded the 209 motion. Motion carried. 210 211 212 013 14 Community Calendar— A Look Ahead September 9, 2008 through September 22, 2008 4- Wednesday, September 10 6:30 pm, Council Chambers Planning & Zoning -5- ,5 6 217 218 COUNCIL MINUTES APPROVED September 8, 2008 4 Wednesday, September 10 6:30 pm, Community Room 4 Monday, September 22 5:30 pm, Community Room 4 Monday, September 22 6:30 pm, Council Chambers Charter Commission Council Work Session Council Meeting 219 220 These minutes were considered and approved at the regular City Council Meeting on October 13, 221 2008. 222 223 224 225 ec114466rjt 226 227 Julianne Bart 1, City Cler John Bergeson, Mayor 1 • -6-